Are leading questions generally allowed on direct examination?

Are leading questions generally allowed on direct examination?

• A. They are never allowed on direct examination
• B. They are generally allowed
• C. They are generally not allowed on direct examination, except for hostile witnesses or limited situations
• D. They are allowed only on cross-examination

Answer: (C)

On direct examination, the goal is for the witness to tell their story in their own words, so questions should invite a narrative rather than lead them to a specific answer. Leading questions—which suggest the answer or trap the witness into a particular response—are generally not allowed because they can shape the narrative and undermine the jury’s independent reception of the testimony. The best-supported rule is that leading questions are not allowed on direct, with two key exceptions. First, for a hostile or adversarial witness, the examinee may use leading questions to control the testimony and obtain usable responses. Second, in limited situations where using a leading question is necessary to elicit a straightforward, undisputed fact or to move the examination along when the witness is reluctant or difficult to question, such a question may be permitted. In contrast, during cross-examination, leading questions are routinely allowed and common. So, leading questions on direct are generally disfavored, but they’re allowed in those specific, limited scenarios and otherwise on direct they should be avoided in favor of open-ended questions that let the witness describe what happened in their own words.

On direct examination, the goal is for the witness to tell their story in their own words, so questions should invite a narrative rather than lead them to a specific answer. Leading questions—which suggest the answer or trap the witness into a particular response—are generally not allowed because they can shape the narrative and undermine the jury’s independent reception of the testimony.

The best-supported rule is that leading questions are not allowed on direct, with two key exceptions. First, for a hostile or adversarial witness, the examinee may use leading questions to control the testimony and obtain usable responses. Second, in limited situations where using a leading question is necessary to elicit a straightforward, undisputed fact or to move the examination along when the witness is reluctant or difficult to question, such a question may be permitted. In contrast, during cross-examination, leading questions are routinely allowed and common.

So, leading questions on direct are generally disfavored, but they’re allowed in those specific, limited scenarios and otherwise on direct they should be avoided in favor of open-ended questions that let the witness describe what happened in their own words.